DNA test permissible to determine paternity in maintenance cases: HC

Tribune News Service

Chandigarh, August 29

The Punjab and Haryana High Court has made it clear that a DNA test can be ordered to ascertain paternity in maintenance cases, even in the absence of explicit statutory provisions mandating such an examination.

Justice Harpreet Singh Brar asserted: “This court is of the considered view that where being labelled as illegitimate or unchaste is not a concern, there is no reason for the courts not to rely on dependable and accurate science in order to arrive at the truth and do complete justice instead of taking recourse to presumptions”.

Justice Brar asserted that the science and the technology were not as advanced as they were today at the time of framing statutes such as the Evidence Act. Law was required to keep up with the times and reflect the contemporary social realities for it to be relevant and maintain its dynamic nature. As such, proof based on accurate scientific testing “must take precedence over conclusive proof as envisaged under law”.

Justice Brar asserted that any evidence that could illuminate the truth would be relevant in adjudicating the controversy. Elaborating on the reasons, the Bench asserted DNA test would assist the court in ascertaining the truth and provide fair trial to both parties. Denial of an opportunity to either party to present the best available evidence in support of its claims would be in direct violation of the right to free and fair trial enshrined under Article 21 of the Constitution of India as well as the principles of natural justice, the Bench ruled.

The ruling came as Justice Brar upheld an order passed by Mohali Principal Judge, Family Court, whereby an application filed by a woman seeking DNA samples from her husband to ascertain her son's paternity in maintenance proceedings under Section 125 of the Code of Criminal was allowed.

The Bench was told that the man had categorically denied any relationship with the respondent-wife and the child. He had, in fact, denied solemnisation of marriage with the woman, while maintaining that the child was not born out of the alleged wedlock. He had also flagged the absence of specific provision in law requiring mandatory collection of DNA sample in this context, while moving the High Court against the Mohali court order.

Justice Brar asserted: "It is trite that the result of the paternity test in the instant case would be of little value in establishing the existence of marriage between the petitioner and the respondent-woman. However, the same would greatly assist the court below in at least assessing whether an intimate relationship in the nature of marriage existed between the petitioner and the respondent, which would negate the principal claim of the petitioner".

Justice Brar added that paternity test result would also be of immense value in ascertaining whether respondent-child was entitled to maintenance. The Aadhaar card and passport of child reflecting the petitioner's name as his father had been placed on the court record. This, coupled with a positive finding of the DNA test, would conclusively establish the petitioner's liability to maintain the child and also strengthen the woman's case.